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Controlled Substances Act (CSA) - Medical Marijuana ProCon.org

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Secretary of State which shall be binding on the<br />

representative of the United States in discussions and<br />

negotiations relating to the proposal.<br />

(3) When the United States receives notification of a scheduling<br />

decision pursuant to article 2 of the Convention on Psychotropic<br />

<strong>Substances</strong> that a drug or other substance has been added or<br />

transferred to a schedule specified in the notification or receives<br />

notification (referred to in this subsection as a ''schedule notice'')<br />

that existing legal controls applicable under this subchapter to a<br />

drug or substance and the controls required by the Federal Food,<br />

Drug, and Cosmetic <strong>Act</strong> (21 U.S.C. 301 et seq.) do not meet the<br />

requirements of the schedule of the Convention in which such<br />

drug or substance has been placed, the Secretary of Health and<br />

Human Services after consultation with the Attorney General,<br />

shall first determine whether existing legal controls under this<br />

subchapter applicable to the drug or substance and the controls<br />

required by the Federal Food, Drug, and Cosmetic <strong>Act</strong>, meet the<br />

requirements of the schedule specified in the notification or<br />

schedule notice and shall take the following action:<br />

(A) If such requirements are met by such existing controls<br />

but the Secretary of Health and Human Services<br />

nonetheless believes that more stringent controls should be<br />

applied to the drug or substance, the Secretary shall<br />

recommend to the Attorney General that he initiate<br />

proceedings for scheduling the drug or substance, pursuant<br />

to subsections (a) and (b) of this section, to apply to such<br />

controls.<br />

(B) If such requirements are not met by such existing<br />

controls and the Secretary of Health and Human Services<br />

concurs in the scheduling decision or schedule notice<br />

transmitted by the notification, the Secretary shall<br />

recommend to the Attorney General that he initiate<br />

proceedings for scheduling the drug or substance under the<br />

appropriate schedule pursuant to subsections (a) and (b) of<br />

this section.<br />

(C) If such requirements are not met by such existing<br />

controls and the Secretary of Health and Human Services<br />

does not concur in the scheduling decision or schedule<br />

notice transmitted by the notification, the Secretary shall -<br />

(i) if he deems that additional controls are necessary<br />

to protect the public health and safety, recommend to

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